Bad faith expert witnesses at Insurance Expert Network define Bad Faith Claim: A term describing blatantly unfair conduct that exceeds mere negligence by an insurance company. For example, a bad faith claim may arise if an auto liability insurer arbitrarily refuses to settle a claim within policy limits, where an…
In Successfully Locating A Business, zoning and land use expert witness John J. Wallace writes on a retailer’s biggest challenge: Spend time in the center, to take note of who is there during the day, in the evening and on the weekends. Pay attention to the clothes shoppers wear and…
In Medical Malpractice Overview, medical expert witness Eugene DeBlasio writes on unauthorized treatment or lack of informed consent: Virtually all states have recognized, either by express STATUTE or COMMON LAW, the right to receive information about one’s medical condition, the treatment choices, risks associated with the treatments, and prognosis. The…
Literature reports several tools that have been developed in hospitals to improve handoff communication. One such tool used when patients are being transported to radiology or other departments within the hospital is called a “round trip ticket”, a one page, patient-information sheet that provides basic patient information. Simple questions are…
Adrienne Carlson of ForensicScienceSchools.org writes on The Life Of A Forensic Science Expert: When your designation is tagged with the word “expert,” you can bet your last dollar that people expect you to be pretty smart and never make a mistake. And when you’re a forensic scientist, errors are the…
David V. Dilenschneider, Esq., Director, Client Relations (Litigation) LexisNexis on expert witness disclosure: As I travel the country conducting presentations on how to research experts, one of the topics I address is the need to double-check an expert’s FRCP 26(a)(2)(B) disclosure. If you are not familiar with that rule, it…
In Medical Malpractice Overview, medical expert witness Eugene DeBlasio writes on gross negligence: Within the context of medical malpractice, the term “gross negligence” refers to conduct so reckless or mistaken as to render itself virtually obvious to a layman without medical training. Examples include a surgeon amputating the wrong limb…
In Successfully Locating A Business, zoning and land use expert witness John J. Wallace writes on a retailer’s biggest challenge: A site may work within a center — but will it work within a community or region? Any retail business serves a particular “trade area.” This is the zone in…
In Handoff Communication, medical insurance expert witness Ms. Kathy G. Ferrell, BS, RN, LNCC writes: Handoff communication is simply the relay of information from one healthcare provider to another. Every day nurses are responsible for relaying information regarding patient care to physicians, nurses, radiology, laboratory, dietary and many other health…
In Be Alert for the “Hybrid” Witness Editor-in-Chief of Daubert Online Patrick J. Kenny writes: Until the law on the issue settles there are some practical steps counsel should take to address hybrid witnesses: (1) Make sure that the witness really is a “hybrid” witness. The fact that the witness…